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WSJ Opinion: Potomac Watch

The Supreme Court Sounds Ready to End Late Mail Ballots

WSJ Opinion: Potomac Watch

The Wall Street Journal

News, Society & Culture

4.22.8K Ratings

🗓️ 24 March 2026

⏱️ 27 minutes

🧾️ Download transcript

Summary

Many states count absentee ballots that are mailed on time, even if they don't arrive until days or weeks later. But the Justices seem prepared to rule that this policy is contrary to federal laws setting a uniform Election Day. How could this affect the November midterms and the GOP debate over the SAVE America Act? Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

I think the potential of Agenic is to rethink how work gets done overall. It challenges all sorts of traditional orthodoxies around how organizations execute the work at hand. That's Jason Gersatus, CEO of Deloitte U.S., talking about the transformational potential of A.Gentic AI. Join him later to learn why agents are a game changer for businesses across industries.

0:25.6

From the opinion pages of the Wall Street Journal, this is Potomac Watch.

0:31.5

The Supreme Court appears ready to rule against late mail ballots, striking down laws in many

0:37.3

states that let voters put their

0:39.0

votes in the postbox on election day, even if they arrive days or even weeks later. Welcome,

0:44.8

I'm Kyle Peterson with the Wall Street Journal. We're joined today by my colleague on the WSJ's

0:50.4

opinion pages, columnist Kim Strassel. Monday's big case at the Supreme Court called

0:56.0

Watson v. Republican National Committee did not seem to go well for fans of mass mail voting.

1:02.3

This case involves Mississippi's law, which says that absentee ballots that are postmarked by Election

1:07.8

Day are valid, even if officials don't get them from the mailman until a week later.

1:14.0

That was struck down by the Fifth Circuit U.S. Court of Appeals, which said it was in conflict with a series of statutes passed by Congress, starting in 1845, that fix federal election day on a Tuesday in early November.

1:29.4

And now the question of the Supreme Court is,

1:34.6

what does that mean? What is election day? And on that point, let's start with a bit of Justice Samuel Alito, tangling with Scott Stewart, the Solicitor General for the state of Mississippi.

1:40.2

Maybe it's inevitable that some sort of line drawing decisions like these have to be made,

1:46.9

unless the rule is anything goes, states can do anything they want in this area. We don't have

1:54.7

a whole lot to go on here. We have the phrase election day and we have history.

2:01.6

If we look to just at the phrase election day, what would we take from that?

2:08.6

I think you've been saying, and we're moving in this direction.

2:13.6

We don't have election day anymore.

2:15.6

We have election month or we have election months.

2:18.3

I mean, the early voting can start a month before the election. The ballots can be received a month after the election.

2:27.3

Well, I think the best way to read, Your Honor, is that by setting Election Day, the Congress set the final choice day.

...

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